An Act Conferring jurisdiction upon the Court of Claims to
hear, examine, adjudicate, and enter judgment in any claims which the
Choctaw and Chickasaw Indians may have against the United States, and
for other purposes.
Section 2 | 3 | 4 | 5 | 6 | 7

Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That jurisdiction be, and is
hereby, conferred upon the Court of Claims, notwithstanding the lapse of
time or statutes of limitation, to hear, examine, and adjudicate and render
judgment in any and all legal and equitable claims arising under or growing
out of any treaty or agreement between the United States and the Choctaw
and Chickasaw Indian Nations or Tribes, or either of them, or arising under
or growing out of any Act of Congress in relation to Indian affairs which said
Choctaw and Chickasaw Nations or Tribes may have against the United
States,

which claims have not heretofore been determined and ajudicated on their
merits by the Court of Claims or the Supreme Court of the United States.

SEC. 2.

Any and all claims against the United States within the
purview of this Act shall be forever barred unless suit be instituted or
petition filed as herein provided in the Court of Claims within five years from
the date of approval of this Act. The claim or claims of each of said
Indian nations shall be presented separately or jointly by petition in the
Court of Claims, and such action shall make the petitioner party plaintiff or
plaintiffs and the United States party defendant. The petition shall be
verified by the attorney or attorneys employed to prosecute such claim or
claims under contract approved by the Commissioner of Indian Affairs and
the Secretary of the Interior, and said contract with such Indian tribes shall
be executed in behalf of the tribe by the governor or principal chief thereof,
or, if there be no governor or principal chief, by a committee chosen by the
tribe under the direction and approval of the Commissioner of Indian Affairs
and the Secretary of the Interior: Provided, however, That the
attorney or attorneys employed as herein provided may be assisted by the
regular tribal attorney or attorneys employed under existing law under
direction of the Secretary of the Interior, with such additional reasonable
and necessary expenses for said tribal attorneys to be approved and paid
from the funds of the respective tribes under the direction of the Secretary
of the Interior, as may be required for the proper conduct of such litigation.
Official letters, papers, documents, and records, or certified copies
thereof, may be used in evidence, and the departments of the Government
shall give access to the attorney or attorneys of the above-named Indian
nations to such treaties, papers, correspondence, or records as may be
needed by the attorney or attorneys of said Indian nations.

SEC. 3.

In said suit the court shall also hear, examine, consider, and
adjudicate any claims which the United States may have against said
Indian nations, but any payment which may have been made by the United
States upon any claim against the United States shall not operate as an
estoppel, but may be pleaded as an offset in such suit.

SEC. 4.

That from the decision of the Court of Claims in any suit
prosecuted under the authority of this Act, an appeal may be taken by
either party as in other cases to the Supreme Court of the United States.

SEC. 5.

That upon the final determination of any suit instituted under
this Act, the Court of Claims shall decree such amount or amounts as it
may find reasonable to be paid any attorney or attorneys, other than the
regular tribal attorney or attorneys employed under existing law, employed
by said Indian nations for the services and expenses of said attorneys
rendered or incurred subsequent to the date of approval of such contract:
Provided, That in no case shall the aggregate amounts decreed by
said Court of Claims for services and expenses be in excess of the amount
or amounts stipulated in the contract of employment, or in excess of a sum
equal to 10 per centum of the amount of recovery against the United
States.

SEC. 6.

The Court of Claims shall have full authority by proper
orders and process to bring in and make parties to such suit any or all
persons deemed by it necessary or proper to the final determination of the
matters in controversy.

SEC. 7.

A copy of the petition shall, in such case, be served upon the
Attorney General of the United States, and he, or some attorney from the
Department of Justice to be designated by him, is hereby directed to
appear and defend the interests of the United States in such case.1